Our university is committed to both freedom of expression and providing an environment free from discrimination, harassment, and sexual misconduct. During this election season, remember not all offensive speech is a policy violation. Not all harmful conduct is protected speech.
You do not need to know the answer before asking for help!
Quick Decision Guide
- If behavior is primarily expressing an opinion, belief, viewpoint, or idea, it is usually protected speech.
- If behavior targets an individual because of a protected characteristic, it may be protected class harassment or discrimination.
Protected Speech
Protected speech generally includes expression of ideas, beliefs, viewpoints, or opinions, even when others find them offensive, unpopular, insensitive, hurtful, or controversial.
- Examples of Protected Speech
- Political opinions
- Religious expression
- Academic debate
- Controversial speakers on campus
- Distribution of flyers and advocacy materials
Protected Class Harassment
In the employment context, harassment is unwelcome verbal or physical conduct based on a protected class that unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.
In the education context, harassment is unwelcome verbal or physical conduct based on a protected class that interferes with, denies, or limits an individual’s ability to participate in or benefit from the university’s educational programs and activities.
Discrimination
Discrimination (disparate treatment and disparate impact) occurs when an adverse action is taken under university authority against a university community member in an educational program or activity and the action is based upon one’s protected class status. Disparate treatment occurs when one suffers less favorable treatment than others because of their protected class status. Disparate impact occurs when a university policy or practice, although neutral on its face, adversely impacts persons in a protected class.
Protected Speech: Real-World Campus Examples
- Political expression
- Religious expression
- Controversial speakers
- Academic debate
- Single offensive remarks that do not rise to the level of harassment
When Conduct May No Longer Be Protected
- Repeated protected class-based slurs directed at an individual
- Excluding someone because of a protected status
What can the university do about Protected Speech?
- Provide Supportive Measures
- Provide Resources to support free expression and civil discourse
- Ensure it takes place in the appropriate settings (e.g., Space Rules)
- Continuously monitor for policy thresholds.
How to Report Suspected Violations
You can also report potential harassment, discrimination, and sexual misconduct to the Civil Rights Compliance Office using our online reporting form. CRCO Reviews each report and may reach out to impacted parties and reporters to provide resources and options.